#aacth ,,congress #b;d ,session ,s4 #acfj ,,an ,,act ,to amend the ,improper ,payments ,elimination and ,recovery ,improvement ,act of #bjab1 including making changes to the ,do ,not ,pay initiative1 for improved detection1 prevention1 and recovery of improper payments to deceased individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,improper ,payments ,agency ,cooperation ,enhancement ,act of #bjad4 #b4 ,distribution of death information furnished to or maintained by the social security administration 7a7 ,in general 7#a7 ,in general ,section #bje7r7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r77 is amended-- 7,a7 in paragraph 7#b7-- 7i7 by striking may and inserting shall2 and 7ii7 by inserting 1 and to ensure the completeness1 timeliness1 and accuracy of1 after transmitting2 7,b7 by striking paragraphs 7#c71 7#d71 and 7#e7 and inserting the following3 7#c7 7,a7 ,the ,commissioner of ,social ,security shall1 to the extent feasible1 provide for the use of information regarding all deceased individuals furnished to or maintained by the ,commissioner under this subsection in accordance with subparagraph 7,b71 subject to such safeguards as the ,commissioner of ,social ,security determines are necessary or appropriate to protect the information from unauthorized use or disclosure1 by any ,federal or ,state agency providing federally-funded benefits or administering a ,federal program for such benefits1 including the agency operating the ,do ,not ,pay working system for ensuring proper payment of those benefits1 through a cooperative arrangement with the agency 7that includes the agency's ,inspector ,general7 or with an agency's ,inspector ,general1 if-- 7i7 under such arrangement the agency 7including1 if applicable1 the agency's ,inspector ,general7 provides reimbursement to the ,commissioner of ,social ,security for the reasonable cost of carrying out such arrangement1 including the reasonable costs associated with the collection and maintenance of information regarding deceased individuals furnished to the ,commissioner pursuant to paragraph 7#a71 and 7ii7 such arrangement does not conflict with the duties of the ,commissioner of ,social ,security under paragraph 7#a74 7,b7 ,the ,commissioner of ,social ,security shall1 to the extent feasible1 provide for the use of information regarding all deceased individuals furnished to or maintained by the ,commissioner under this subsection1 through a cooperative arrangement in order for a ,federal agency to carry out any of the following purposes1 if the requirements of clauses 7i7 and 7ii7 of subparagraph 7,a7 are met3 7i7 ,operating the ,do ,not ,pay working system established by section #e of the ,improper ,payments ,elimination and ,recovery ,improvement ,act of #bjab4 ,under such arrangement1 the agency operating the working system may compare death information disclosed by the ,commissioner with personally identifiable information reviewed through the working system1 and may redisclose such comparison of information1 as appropriate1 to any ,federal or ,state agency authorized to use the working system4 7ii7 ,to ensure proper payments under a ,federal program or the proper payment of federally-funded benefits1 including for purposes of payment certification1 payment disbursement1 and the prevention1 identification1 or recoupment of improper payments4 7iii7 ,to carry out tax administration or debt collection duties of the agency4 7iv7 ,for use by any policing agency of the ,federal ,government with the principle function of prevention1 detection1 or investigation of crime or the apprehension of alleged offenders4 7#d7 ,the ,commissioner of ,social ,security may enter into similar arrangements with ,states to provide information regarding all deceased individuals furnished to or maintained by the ,commissioner under this subsection1 for any of the purposes specified in paragraph 7#c77;,b71 for use by ,states in programs wholly funded by the ,states1 or for use in the administration of a benefit pension plan or retirement system for employees of a ,state or a political subdivision thereof1 if the requirements of clauses 7i7 and 7ii7 of paragraph 7#c77;,a7 are met4 ,for purposes of this paragraph1 the terms retirement system and political subdivision have the meanings given such terms in section #bah7;b74 7#e7 ,the ,commissioner of ,social ,security may use or provide for the use of information regarding all deceased individuals furnished to or maintained by the ,commissioner under this subsection1 subject to such safeguards as the ,commissioner of ,social ,security determines are necessary or appropriate to protect the information from unauthorized use or disclosure1 for statistical purposes and research activities by ,federal and ,state agencies if the requirements of clauses 7i7 and 7ii7 of paragraph 7#c77;,a7 are met4 ,for purposes of this paragraph1 the term statistical purposes has the meaning given that term in section #ejb of the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb4 2 and 7,c7 in paragraph 7#h77;,a77i71 by striking subparagraphs 7,a7 and 7,b7 of paragraph 7#c7 and inserting clauses 7i7 and 7ii7 of paragraph 7#c77;,a74 7#b7 ,repeal ,effective on the date that is #e years after the date of enactment of this ,act1 the amendments made by this subsection to paragraphs 7#c71 7#d71 7#e71 and 7#h7 of section #bje7r7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r77 are repealed1 and the provisions of section #bje7r7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fje7r77 so amended are restored and revived as if such amendments had not been enacted4 7b7 ,amendment to internal revenue code ,section #fajc7;d77#d7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subparagraphs 7,a7 and 7,b71 by striking ,secretary of ,health and ,human ,services each place it appears and inserting ,commissioner of ,social ,security2 and 7#b7 in subparagraph 7,b77ii71 by striking such ,secretary and all that follows through deceased individuals4 and inserting such ,commissioner pursuant to such contract1 except that such contract may provide that such information is only to be used by the ,social ,security ,administration 7or any other ,federal agency7 for purposes authorized in the ,social ,security ,act or this title44 7c7 ,report to ,congress on alternative sources of death data 7#a7 ,requirements ,the ,director of the ,office of ,management and ,budget shall conduct a review of potential alternative sources of death data maintained by the non-,federal sources1 including sources maintained by ,state agencies or associations of ,state agencies1 for use by ,federal agencies and programs4 ,the review shall include analyses of-- 7,a7 the accuracy and completeness of such data2 7,b7 interoperability of such data2 7,c7 the extent to which there is efficient accessability of such data by ,federal agencies2 7,d7 the cost to ,federal agencies of accessing and maintaining such data2 7,e7 the security of such data2 7,f7 the reliability of such data2 and 7,g7 a comparison of the potential alternate sources of death data to the death data distributed by the ,commissioner of ,social ,security4 7#b7 ,report ,not later than #d years after the date of enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall submit a report to ,congress on the results of the review and analyses required under paragraph 7#a74 ,the report shall include a recommendation by the ,director of the ,office of ,management and ,budget regarding whether to extend the agency access to death data distributed by the ,commissioner of ,social ,security provided under the amendments made by subsection 7a77#a7 beyond the date on which such amendments are to be repealed under subsection 7a77#b74 #c4 ,improving the sharing and use of data by government agencies to curb improper payments ,the ,improper ,payments ,elimination and ,recovery ,improvement ,act of #bjab 7#ca ,u4,s4,c4 #ccba note7 is amended-- 7#a7 in section #e-- 7,a7 in subsection 7a77#b71 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,the death records maintained by the ,commissioner of the ,social ,security ,administration4 2 and 7,b7 in subsection 7b7-- 7i7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7ii7 by inserting after paragraph 7#d7 the following3 7#e7 ,use of death and prisoner information ,the ,commissioner of ,social ,security1 and the head of any other agency that obtains information on deaths or incarcerated individuals directly from the ,commissioner of ,social ,security pursuant to an agreement under section #bje7r7 or sections #bjb7x7 and #afaa7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r71 #dje7x71 #achb7;e77 or the ,department of the ,treasury's ,do ,not ,pay program1 shall be considered to have satisfied the requirements of this section as such requirements relate to payments or to identifying1 preventing1 or recovering improper payments in the case of deaths or incarcerated individuals4 ,nothing in the preceding sentence shall be construed as exempting the ,commissioner of ,social ,security or the head of any other agency that obtains information on deaths or incarcerated individuals directly from the ,commissioner of ,social ,security under an agreement under section #bje7r7 or sections #bjb7x7 and #afaa7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r71 #dje7x71 #achb7;e77 or the ,department of the ,treasury's ,do ,not ,pay program from being subject to any improper payment reporting requirement of the ,director of the ,office of ,management4 2 and 7#b7 by adding at the end the following3 #g4 ,improving the use of death data by government agencies 7a7 ,prompt reporting of death information by the ,department of ,state and the ,department of ,defense ,not later than #a year after the date of enactment of this section1 the ,secretary of ,state and the ,secretary of ,defense1 in coordination with the ,commissioner of ,social ,security1 shall establish a procedure under which each ,secretary shall1 promptly and on a regular basis1 submit to the ,commissioner information relating to the deaths of individuals4 ,the ,commissioner shall1 to the extent feasible1 provide for the use of death information submitted under this subsection for the purpose specified in clause 7i7 of section #bje7r77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r77#c77;,b774 7b7 ,guidance by the office of management and budget 7#a7 ,guidance to agencies ,not later than #f months after the date of enactment of this section1 and in consultation with the ,council of ,inspectors ,general on ,integrity and ,efficiency and the heads of other relevant ,federal1 ,state1 and local agencies1 and ,indian tribes and tribal organizations1 the ,director of the ,office of ,management and ,budget shall issue guidance for each agency or component of an agency that operates or maintains a database of information relating to beneficiaries1 annuity recipients1 or any purpose described in section #bje7r77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r77#c77;,b77 for which improved data matching with databases relating to the death of an individual 7in this section referred to as death databases7 would be relevant and necessary regarding implementation of this section to provide such agencies or components access to the death databases no later than #f months after such date of enactment4 7#b7 ,plan to assist ,states and local agencies and ,indian tribes and tribal organizations ,not later than #a year after the date of enactment of this section1 the ,director of the ,office of ,management and ,budget shall develop a plan to assist ,states and local agencies1 and ,indian tribes and tribal organizations1 in providing electronically to the ,federal ,government records relating to the death of individuals1 which may include recommendations to ,congress for any statutory changes or financial assistance to ,states and local agencies and ,indian tribes and tribal organizations that are necessary to ensure ,states and local agencies and ,indian tribes and tribal organizations can provide such records electronically4 ,the plan may include recommendations for the authorization of appropriations or other funding to carry out the plan4 7c7 ,reports 7#a7 ,report to congress on improving data matching regarding payments to deceased individuals ,not later than #bgj days after the date of enactment of this section1 the ,director of the ,office of ,management and ,budget1 in consultation with the heads of other relevant ,federal agencies1 and in consultation with ,states and local agencies1 ,indian tribes and tribal organizations1 shall submit to ,congress a plan to improve how ,states and local agencies and ,indian tribes and tribal organizations that provide benefits under a federally-funded program will improve data matching with the ,federal ,government with respect to the death of individuals who are recipients of such benefits4 7#b7 ,annual report ,not later than #a year after the date of enactment of this section1 and for each of the #d succeeding years1 the ,director of the ,office of ,management and ,budget shall submit to ,congress a report regarding the implementation of this section4 ,the first report submitted under this paragraph shall include the recommendations of the ,director required under subsection 7b77#b74 7d7 ,definitions ,in this section1 the terms ,indian tribe and tribal organization have the meanings given those terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 4 #d4 ,availability of the ,do ,not ,pay ,initiative to the judicial and legislative branches and states ,section #e of the ,improper ,payments ,elimination and ,recovery ,improvement ,act of #bjab 7#ca ,u4,s4,c4 #ccba note71 as amended by section #c1 is further amended-- 7#a7 in subsection 7b77#c7-- 7,a7 in the paragraph heading1 by striking by agencies2 and 7,b7 by adding at the end the following3 ,states and any contractor1 subcontractor1 or agent of a ,state1 and the judicial and legislative branches of the ,united ,states 7as defined in paragraphs 7#b7 and 7#c71 respectively1 of section #bjb7;e7 of title #ah1 ,united ,states ,code71 shall have access to1 and use of1 the ,do ,not ,pay ,initiative to verify payment or award eligibility for payments 7as defined in section 7#b77;g77#c7 of the ,improper ,payments ,information ,act of #bjjb1 #ca ,u4,s4,c4 #ccba note7 when1 with respect to a ,state1 the ,director of the ,office of ,management and ,budget determines that the ,do ,not ,pay ,initiative is appropriately established for that ,state and any contractor1 subcontractor1 or agent of the ,state1 and1 with respect to the judicial and legislative branches of the ,united ,states1 when the ,director of the ,office of ,management and ,budget determines that the ,do ,not ,pay ,initiative is appropriately established for the judicial branch or the legislative branch1 as applicable42 and 7#b7 in subsection 7d77#b7-- 7,a7 in subparagraph 7,b71 by striking and after the semicolon2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after subparagraph 7,c7 the following3 7,d7 may include ,states and their quasi-government entities1 and the judicial and legislative branches of the ,united ,states 7as defined in paragraphs 7#b7 and 7#c71 respectively1 of section #bjb7;e7 of title #ah1 ,united ,states ,code7 as users of the system in accordance with subsection 7b77#c74 4 #e4 ,data ,analytics ,section #e of the ,improper ,payments ,elimination and ,recovery ,improvement ,act of #bjab 7#ca ,u4,s4,c4 #ccba note71 as amended by sections #c and #d1 is further amended by adding at the end the following3 7h7 ,report on improper payments data analysis ,not later than #ahj days after the date of enactment of the ,improper ,payments ,agency ,cooperation ,enhancement ,act of #bjad1 the ,secretary of the ,treasury shall submit to ,congress a report which shall include a description of-- 7#a7 data analytics performed as part of the ,do ,not ,pay ,initiative for the purpose of detecting1 preventing1 and recovering improper payments through pre-award1 post-award pre-payment1 and post-payment analysis1 which shall include a description of any analysis or investigations incorporating-- 7,a7 review and data matching of payments and beneficiary enrollment lists of ,state programs carried out using ,federal funds for the purposes of identifying eligibility duplication1 residency ineligibility1 duplicate payments1 or other potential improper payment issues2 7,b7 review of multiple ,federal agencies and programs for which comparison of data could show payment duplication2 and 7,c7 review of other information the ,secretary of the ,treasury determines could prove effective for identifying1 preventing1 or recovering improper payments1 which may include investigation or review of information from multiple ,federal agencies or programs2 and 7#b7 the metrics used in determining whether the analytic and investigatory efforts have reduced1 or contributed to the reduction of1 improper payments or improper awards4 4 ,passed the ,senate ,september #ah1 #bjad4,secretary